[// GUIDANCE: This template is drafted for use in the Small Claims Division of an Oklahoma District Court. Customize all bracketed placeholders before filing. Remove all GUIDANCE comments prior to submission. ]
I. DOCUMENT HEADER
IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA – SMALL CLAIMS DIVISION
| Plaintiff: | [PLAINTIFF FULL LEGAL NAME] |
| Defendant: | [DEFENDANT FULL LEGAL NAME] |
| Case No.: | [SC-20__-_____ ] |
| Hearing Date: | [HEARING DATE & TIME] |
DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM
Date of Filing: [MM/DD/YYYY]
COMES NOW [DEFENDANT NAME] (the “Defendant”), and for its Answer to the Small Claims Affidavit/Complaint (the “Complaint”) of [PLAINTIFF NAME] (the “Plaintiff”), states as follows:
II. DEFINITIONS
Unless the context clearly indicates otherwise, the following capitalized terms have the meanings set forth below and apply throughout this pleading:
- “Act” means the Oklahoma Small Claims Procedure Act.
- “Claim” means the cause(s) of action asserted by Plaintiff in the Complaint.
- “Court” means the Small Claims Division of the District Court of [COUNTY] County, Oklahoma.
- “Parties” means, collectively, Plaintiff and Defendant.
[// GUIDANCE: Add, delete, or refine defined terms as needed for the specific facts.]
III. OPERATIVE PROVISIONS
3.1 Paragraph-by-Paragraph Answer
[// GUIDANCE: Mirror each numbered paragraph of the Complaint. If the Complaint is not numbered, break it into logical paragraphs and number them here to avoid ambiguity.]
| Complaint ¶ | Defendant’s Response |
|---|---|
| 1. | Admitted / Denied / Without sufficient knowledge and therefore denied. |
| 2. | Admitted / Denied / Without sufficient knowledge and therefore denied. |
| 3. | Admitted / Denied / Without sufficient knowledge and therefore denied. |
| … | … |
3.2 General Denial
To the extent any allegation in the Complaint is not expressly admitted herein, it is hereby denied.
3.3 Prayer for Relief on Plaintiff’s Claim
WHEREFORE, Defendant respectfully requests that the Court:
a. Dismiss Plaintiff’s Claim with prejudice;
b. Enter judgment in favor of Defendant;
c. Award Defendant its statutory costs; and
d. Grant such other and further relief as the Court deems just and proper.
IV. AFFIRMATIVE DEFENSES
Without conceding the burden of proof, and reserving the right to amend, Defendant asserts the following defenses permitted under Oklahoma law and the Act:
- Failure to State a Claim Upon Which Relief Can Be Granted.
- Payment, Accord, and Satisfaction.
- Statute of Limitations / Laches.
- Lack of Standing.
- Lack or Failure of Consideration.
- Fraud, Misrepresentation, or Illegality.
- Set-off / Recoupment.
- Estoppel and/or Waiver.
- Unclean Hands.
- Any and all other defenses revealed through discovery or testimony that are available under Oklahoma or federal law.
[// GUIDANCE: Delete defenses that clearly do not apply; add any fact-specific defenses.]
V. COUNTERCLAIM (Optional – Complete or Delete Entire Section)
[// GUIDANCE: Under the Act, any counterclaim must not exceed the prevailing small-claims monetary limit (currently $10,000 exclusive of interest and costs) and must be filed and served no later than seventy-two (72) hours before the hearing. Confirm the limit and deadline with the local court clerk.]
Defendant, for Counterclaim against Plaintiff, alleges:
- Jurisdiction & Venue. This Court has jurisdiction over the parties and subject matter pursuant to the Act, and venue is proper in this County.
- Factual Allegations.
a. On or about [DATE], Plaintiff …
b. As a direct result, Defendant suffered damages in the amount of $[AMOUNT]. - Cause(s) of Action. [Breach of Contract / Unjust Enrichment / Property Damage / etc.]
- Damages. Defendant seeks judgment against Plaintiff in the principal amount of $[AMOUNT], plus pre-judgment interest, court costs, and post-judgment interest.
WHEREFORE, Defendant prays for judgment on the Counterclaim as set forth above and for all other relief the Court deems equitable.
VI. GENERAL PROVISIONS
- Reservation of Rights. Defendant reserves the right to amend this Answer, assert additional affirmative defenses, or file additional motions as permitted by the Act and the Oklahoma Pleading Code.
- Severability. If any provision of this Answer or Counterclaim is held invalid, the remainder shall remain enforceable to the fullest extent permitted by law.
- Compliance with Small Claims Limit. All relief sought herein is within the jurisdictional and monetary limits of the Small Claims Division.
VII. EXECUTION BLOCK
Respectfully submitted,
text
[DEFENDANT NAME], Pro Se or
[LAW FIRM NAME]
By: ________
[ATTORNEY NAME], OBA No. [#####]
Address: [STREET ADDRESS]
[CITY], Oklahoma [ZIP]
Telephone: [XXX-XXX-XXXX]
Email: [EMAIL ADDRESS]
VERIFICATION (if required by local rule)
I, [DEFENDANT NAME], hereby state under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.
text
_____ Date: _____
[DEFENDANT NAME]
CERTIFICATE OF SERVICE
I certify that on the [____] day of [MONTH] 20__, a true and correct copy of the foregoing was:
☐ mailed via U.S. first-class mail, postage prepaid
☐ hand-delivered
☐ emailed (by prior agreement)
to: [PLAINTIFF / PLAINTIFF’S COUNSEL NAME & ADDRESS].
text
[DEFENDANT OR ATTORNEY NAME]
[// GUIDANCE:
1. Verify local court requirements regarding verification and service.
2. File the original with the Court Clerk and deliver copies to all parties as required.
3. Bring all supporting documents (evidence, receipts, photos, etc.) to the hearing.
4. Retain proof of timely filing—answers may be submitted any time before (and including) the hearing date, but counterclaims must meet the 72-hour rule. ]